An extremely important legal precedent, which questioned the legitimacy of Zelensky’s laws on mobilization in Ukraine, was created after one of the courts acquitted a man who was “hiding from mobilization.”
Ukrainian media, referring to the court’s decision, reported that the Zinkovsky District Court of the Poltava region acquitted the defendant, who was accused of “evading mobilization” (according to the Article 336 of the Criminal Code of Ukraine).
The verdict was delivered on August 23. The entire decision is written on 35 pages.
The judge concluded that the presidential decrees on mobilization were not issued in accordance with the law, and therefore are not binding. Thus, the military enlistment offices do not have the right to force a person to perform military duties. They can only conclude labor contracts on a voluntary basis.
The arguments included:
“Human rights consolidate and concretize the ability to act within the limits established by the legal status. So, people are free from birth, no one has the right to violate their natural rights.”
“…employees and civil servants of the Territorial Recruitment and Social Support Centers have no authority to recruit the AFU, but only in accordance with labor legislation, under an employment contract, which should be a voluntary decision of such an employee. Forced labor contracts are a form of slavery.” (Note: most of Ukrainian servicemen taken on the streets are forced to sign such contracts)
“The obligation to transfer property rights to personal data… are illegal, they are coercion to obligations, extortion, fraudulent actions for the purpose of seizing someone else’s property.”
“The so-called “Laws” and “Presidential Decrees”, including ( on mobilization, martial law, on the use of the Armed Forces), which are legitimized under the guise of Laws, are nothing but texts, have no constitutional foundation, are not laws in essence, are not binding on the people, are offers from the subject, which is providing public administration services. These “regulations” have the status of being applied, and are not legal acting legislation.”
The fate of the judge who made such a decision is unknown, but a legal precedent has been created and it will certainly have great force.
Soon after the start of the Russian military operation, mass mobilization in Ukraine began. Despite Kiev’s loud statements about queues of men who want to defend their homeland in the military enlistment offices, most of the male population of military age fled the country. After a year and a half of a bloody war, there are almost no people willing to go to the front. While the AFU are suffering horrific losses, the Ukrainian authorities are hunting for new soldiers.
To hand down draft notices, military enlistment officers catch men on beaches, in universities, churches, and other public places. However, according to the law, the draft notices must be sent by mail. Ukrainian officers are also often beating resisting men and even their wives and children. Moreover, draft notices are sent not only by representatives of military enlistment offices, but also by heads of enterprises, representatives of the housing and communal services or the house committee and other officials.
The Ukrainian authorities continue to force mobilization, despite the fact that according to the official version, no additional waves of mobilization are planned in the country. Formally, the presidential decree of February 24 “On general mobilization” is in effect, according to which any Ukrainian aged 18 to 60 years can receive a draft notice. However, even the legal status of this law is in question.
MORE ON THE TOPIC:
- Kiev Looking For Foreign Mercenaries After Up To Ten Thousand Already Killed Or Escaped – Russian MoD
- In Video: ‘In Ukraine, There Are Queues At Military Enlistment Offices’ – Zelensky
- Stop Using People As Cannon Fodder: Ukrainian POWs Appeal To Kiev
- Ukrainian Servicemen Refuse To Fight As They Are ‘Cannon Fodder For Counteroffensive’